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Amending promotional program registration service in Vietnam

Promotional programs, when carried out in the form of chance, must be registered with state management agencies before proceeding. However, because the registration is done before the time of implementation, changes and errors in the content and promotion rules will inevitably need to be amended for actual implementation. To help clients more conveniently in this process, Viet An Law provides the supplementing and amending promotional program registration service in Vietnam.

Amending promotional program registration service in Vietnam

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    Overview of regulations on procedures for registering amendments and supplements to sale promotional programs in Vietnam

    Criteria Content
    Regulated cases where changes must be registered Forms of promotion that have been registered before proceeding according to regulations include:

    • Sale of goods or provision of services together with participation by customers in promotional games of chance in connection with the purchase of goods or services and winning of prizes due to chance of participants according to rules and prizes already announced (promotional programs of chance);
    • Other forms of sales promotion if approved by the State management agency in charge of commerce.
    Registration time has changed
    • After registering for a promotion (ie the promotional program content has been previously registered);
    • Before amending or supplementing a promotion program, traders must register amendments and supplements to the content of the promotion program to the state management agency where they are registered.
    Time limit for registering the amendment At least 05 working days in advance before implementing the promotion.

    The time limit is based on:

    • Date of receipt recorded on the postal bill of lading or equivalent form in case of sending by post;
    • Date recorded on the application receipt in case of direct submission;
    • The time recorded on the email system or based on the date recorded on the system in case of submission via the online public service system.
    Authority agency
    • Department of Industry and Trade for promotional programs of chance carried out in a province or centrally run city;
    • Ministry of Industry and Trade (Department of Trade Promotion) for promotional programs of chance carried out in areas of 2 or more centrally-affiliated provinces and cities and promotional programs in other forms.
    Submit application method
    • Submit by mail to the Department of Industry and Trade where the promotion is held;
    • Submit directly at the headquarters of the Department of Industry and Trade where the promotion is held;
    • Submit via email with an electronic signature or a scanned copy of the Promotion Notice signed and stamped by the trader to the email address announced by the Department of Industry and Trade;
    • Use the online public service system.
    Application procedures
    • Step 1: Trader submits 01 set of documents to the receiving agency.
    • Step 2: Within 05 working days from the date of receiving the application for registration of amendments and supplements, the receiving agency will review and respond to confirm or not confirm the registration of amendments and supplements. content of merchants’ promotional programs; In case of non-confirmation, the reason must be clearly stated according to the provisions of the law.
    State fees and charges None
    Administrative sanctions Traders who commit acts of not registering or not registering amendments with competent state management agencies according to regulations when conducting promotions or registering incorrectly with reality:

    Fine from 10,000,000 VND to 20,000,000 VND for individuals, 20,000,000 VND to 40,000,000 VND for organizations and businesses.

    Legal basis
    • Law on Commercial 2005;
    • Decree No. 81/2018/ND-CP detailing the Commercial Law on trade promotion activities, as amended and supplemented by Decree 17/2020/ND-CP;
    • Decree No. 98/2020/ND-CP stipulating penalties for administrative violations in commercial activities, production and trading of counterfeit and banned goods, and protecting consumer rights, as amended and supplemented by Decree No. Decision 17/2022/ND-CP.

    Registration dossier for amending and supplementing sale promotional program content

    The dossier for amending and supplementing the promotion program includes documents prepared in 01 set and sent to the competent authority with the following document headings:

    No Document Quantity Amendments and supplements content
    1 Registration form for amending and supplementing promotional program content (according to form No. 06 Appendix issued with Decree No. 81/2018/ND-CP) 01 original copy Contents of registration for amendments and supplements to promotional program content include:

    a) Name of trader conducting promotion;

    b) Name of the promotion program;

    c) Area where promotions are carried out (provinces and cities where traders conduct promotions);

    d) Form of promotion;

    d) Promotional goods and services;

    e) Goods and services used for promotion (prizes, gifts);

    g) Promotion implementation time;

    h) Customers of the promotion program (promotion beneficiaries);

    i) Prize structure and total prize value of the promotion program;

    k) Detailed content of the promotion program (promotion program rules);

    l) In case many merchants coordinate to implement a promotion program, the registration content must clearly state the names of the participating merchants, specific participation content and specific responsibilities of each participating merchant. performed in the program.

    2 Power of attorney for organizations and individuals to submit applications 01 original copy In case of using the service of registering to amend and supplement Viet An Law’s promotional program.

    Points to note when registering to modify or supplement promotional programs

    • Time to register for amendments and supplements to promotional programs: no later than 05 working days before implementing the promotional program (adjustment), traders must submit documents and receive confirmation of registration for amendments and supplements of promotional programs of state management agencies.
    • Content affecting consumer rights: Merchants conducting promotions need to pay attention to amending and supplementing promotional program content to ensure it does not affect the rights of customers who have participated in previous programs when the program is amended or supplemented with content.
    • Obligation to report promotion results: within 45 days from the date of expiry of the prize award period of the promotion program, the trader implementing the promotion program must have a written report to the relevant state management agency. authority (where registered and confirmed) on the results of promotion program implementation according to Form No. 07 Appendix issued with Decree 81/2018/ND-CP.
    • Obligation to deduct 50% of the prize value if there is no winner in the lucky program: the trader must deposit 50% of the prize value without a winner into the state budget, within 07 working days from the date of receiving the trader’s report, according to the collection and payment decision of the state management agency.

    Amending promotional program registration service in Vietnam of Viet An Law

    • Specific and detailed advice on registration procedures for amendments and supplements to promotional programs following current legal regulations;
    • Implement the service of registering amendments and supplements to promotional programs quickly and promptly;
    • Accompany clients in the process of modifying and supplementing promotional programs;
    • Support and limit risks for customers in cases related to promotional programs.

    If there is any unclear content or need specific advice related to the service of registering amendments and supplements to promotional program content in Vietnam, please contact Viet An Law Firm. for the fastest answers and support.

    Disclaimer: This article was last updated in April 2024. Laws may have changed since then. Please contact Viet An Law to confirm the information in this article is current and for any legal assistance.

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